Opinion
Administrative Order No. 2008-93, Amending Administrative Order No. 2007-92
November 26, 2008.
On December 6, 2007, Administrative Order No. 2007-92 was entered establishing the Capital Case Oversight Committee. The purpose of this advisory Committee was to study and recommend measures to facilitate capital case reduction efforts; to make recommendations for adequate notice to the Supreme Court to assist the Court in making the necessary modifications to its staffing levels and judicial assignments to ensure the timely processing of appeals; and to develop recommendations for any formal policies as deemed necessary.
The November 2008, Joint Report of the Oversight Committee and the Maricopa County Superior Court has been received and reviewed by the Arizona Judicial Council. The Oversight Committee has requested an extension of its term to address issues arising from the increasing volume of capital cases, and to refine a recommendation concerning mitigation discovery conferences. After due consideration of these requests,
Now, therefore, pursuant to Article VI, Section 3, of the Arizona Constitution,
IT IS ORDERED that the term of the Capital Case Oversight Committee is extended to December 31, 2009, as follows:
1. Purpose. The Committee shall continue with its duties, as set forth in Administrative Order No. 2007-92, and in addition, shall:
• Report its findings and recommendations concerning the use of mitigation discovery conferences for capital cases in Maricopa County; and
• Study and make recommendations, as needed, concerning the reasonableness of the time limit for capital cases established by Ariz. R. Crim. P., Rule 8.2(a)(4), and issues related thereto.
2. Membership. The membership is attached as Appendix A. The chief justice may appoint additional members as needed or desired. Terms of the Committee members shall expire on December 31, 2009.
3. Meetings. Committee meetings may be scheduled, cancelled, or moved at the discretion of the Committee chair. All meetings shall comply with the public meeting policy of the Arizona Judicial Branch, Arizona Code of Judicial Administration § 1-202.
4. Reports. The Committee shall submit a progress report to the Arizona Judicial Council in December, 2009.
5. Administrative Support. The Administrative Office of the Courts shall provide administrative support and staff for the Committee, who may, as feasible, conduct or coordinate research as requested by the Committee.
Dated this 26th day of November, 2008.
Attachment: Appendix A
Appendix A Capital Case Oversight Committee Membership
Hon. Michael D. Ryan, Chair Arizona Supreme Court
Hon. Gary Donahoe Presiding Criminal Judge Superior Court in Maricopa County
Hon. Ronald Reinstein Retired Judge Superior Court in Maricopa County
Kent Cattani Chief Counsel, Capital Litigation Arizona Attorney General
Donna Hallam Staff Attorney Arizona Supreme Court
Dan Levey Advisor to the Governor for Victims
Marty Lieberman Director, Arizona State Capital Post-Conviction Defender's Office
James Logan Director, Maricopa County Office of Public Defender Services
Phil J. MacDonnell Chief Deputy Maricopa County Attorney
Paul Prato Attorney Manager Maricopa County Public Defender